The Path to Justice: A Methodological Study of Legal Reasoning

Author: Xie Xingquan
Publisher:
Publish Date: 2000-03-01
Features: Legal reasoning is the process or means by which legal workers derive and argue judicial judgments based on legal premises. It is both a legal thinking activity and a legal act subject to legal regulation or adjustment, serving as a legal obligation for legal workers. It is precisely legal reasoning that distinguishes judicial judgments from divine judgments and subjective arbitrariness, making it a crucial condition for the emergence of the rule of law. In modern society, emphasizing the use and study of legal reasoning contributes to the rationality of justice, the scientificization of legal studies, and the universalization of social consensus. This book examines the relationship between judges and rules from the perspectives of ontology, epistemology, and methodology, engages in jurisprudential reflection on legal reasoning as a judicial technique, and proposes a harmonious model of legal reasoning to avoid simplistic choices between formal reasoning and dialectical reasoning.